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Home My WebLink About03.0 Deed of Easement (Correction)1111111 1111I 1111111 111111111 11111 111111 111 1111111111111 681426 09/01/2005 02:49P B1722 P646 M ALSDORF 1 of 9 R 46.00 D 0.00 GARFIELD COUNTY CO DEED OF EASEMENT (Correction Deed) MARK E. GARNIER, being the owner of Lot 1, Pinion Grove Subdivision Exemption, Garfield County, Colorado, whose address is 268 Hedge Road, Menlo Park, California 94025, Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration in hand paid by THOMAS W. LEVITT, MOLLY G. LEVITT and THE 1993 THOMAS W. LEVITT FAMILY TRUST, whose address is P.O. Box 414740, Kansas City, MO 64141, Grantees, receipt of which is hereby acknowledged, has given and granted and by these presents does hereby grant unto Grantees, their heirs, personal representatives, successors and assigns, a perpetual, non-exclusive easement 60 feet in width on, along, over and across the premises more particularly described on Exhibit A attached hereto and incorporated herein by this reference. Purposes of Easement. The easement granted hereby is for the purposes of the construction, installation, use and maintenance of an ingress/egress roadway and the installation, use and maintenance of underground utility lines to the Properties owned by Grantees and described on Exhibit B, consisting of six (6) pages, attached hereto and incorporated herein by this reference. In addition, Grantees shall have the right to plant vegetation within the easement granted hereby, provided that prior to planting any such vegetation Grantees shall obtain the approval of the Homeowners' Association whose members own lots that may be created out of Grantor's property, which permission will be granted provided that the vegetation to be planted within the easement will not unreasonably interfere with the view corridors from any improvement constructed on any lot (created from Grantor's property) which is traversed by the easement. Scope of Easement. Grantor acknowledges that the easement herein granted is appurtenant to the Properties described on Exhibit B and that said easement may be utilized as the primary roadway and utility access to such Properties by the Grantees, their heirs, personal representatives, successors and assigns, as such Properties now exist or as it may hereafter be developed in accordance with applicable regulations of Garfield County, Colorado. Limitation of Use of Easement. At no time may the access easement granted to Grantee be utilized for parking of vehicles. Indemnification. Each of Grantees hereby agrees to fully and forever indemnify, defend, save and hold harmless Grantor from and against any and all losses, damages, liabilities, clairns or demands for personal injury, property damage or any other form of loss or damage (including reasonable attorneys' fees incurred as a result thereof) arising from or incurred in any way in connection with the use or occupancy by such respective Grantee of the easement granted hereunder. Binding Effect; Covenants Running with the Land. This Deed of Easement and all rights and obligations set forth herein shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors and assigns, and shall be deemed to be a burden Correction Deed of Easement Garnier/Levitt Page I of 2 O.IWP.DOCEILurry Grcevll,rwiu TnmlCorrection Deed of Emmen, between Gamier row` Levin 6• ".OS. xnd Lawrence R. Green P.O. Drawer 790 Glenwood Springs, CO 81= I uiiii 11111 1111111 11111 1111 iiiii 11111 111 11111 ilii uii 681426 09/01/2005 02 49P B1722 P647 M ALSDORF 2 of 9 R 46.00 D 0.00 GARFIELD COUNTY CO and benefit running with the properties described herein and owned by Grantor and various Grantees, respectively. Attorneys' Fees. In the event that any party hereto retains an attorney for the purpose of enforcing any right or duty arising out of this Deed of Easement, the non -prevailing party in such dispute shall pay the prevailing party the latter's reasonable attorneys' fees, whether or not litigation is actually instituted. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the said Grantor, whether in law or equity, in and to the easement hereby granted to the only proper use, benefit and behoof of each of the said Grantees, their heirs, personal representatives, successors and assigns. -14 IN WITNESS WHEREOF, Grantor has executed the within Deed of Easement this ix day of August, 2005. 4 --41, (44 „I Mark E! Gami r STATE OF Ca !% earn Q, ) ss. COUNTY OF L.4c' ) The foregoing instrument was acknowledge before me this E. Garnier. WITNESS my hand and official seal. JULIE L. JOHN8TON Commission 1111 3 820I Notary Public - Culifornis Lumen Camay lihrComm. EmbisAup21,2g06 My commission expires: 5'2/-D6 Address: //0 S. 64 Zell 5V.� J sa4u/7 , 9b/515 day of August, 2005, by Mark THE PURPOSE OF THIS CORRECTION DEED OF EASEMENT IS TO CORRECT THE LEGAL DESCRIPTION OF THE PROPERTIES OWNED BY GRANTEES AS SET FORTH ON EXHIBIT B TO THAT CERTAIN DEED OF EASEMENT RECORDED IN THE GARFIELD COUNTY RECORDS ON DECEMBER 26, 1995 IN BOOK 962, AT PAGE 280, AND TO MAKE OTHER CLARIFICATIONS IN SAID DEED OF EASEMENT. Correction Deed of Easement Garnier/Levitt 0. VWP-DDCSSLarry Green,Levin. 0,, Correnion Deed oJEasement ben.een Garnier and Levin 5-22-05. wpd Page 2 of 2 1 111111 11111 1111111 11111 1111 11111 111111 111 11111 1111 1111 681426 09/01/2005 02 49P B1722 P648 M ALSDORF 3 of 9 R 46.00 D 0.00 GARFIELD COUNTY CO EXHIBIT A A 60.00 FOOT WIDE STRIP OF LAND SITUATED IN THE NW1/4SW1/4 OF SECTION 28, TOWNSHIP 7 SOUTH, STATE OF COLORADO; 87 WEST OF THE SAID STRIP PRINCIPAL MERIDIAN, MERIDIAN, CODN'rEET GARP' BEING 30.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE WEST QUARTER POINT THE OF SAID LINE OF SECTION 28; SAID CE S 65°33'42" E 1388.57 NNi G, THENCE ALONG SAID NW1/4SW1/4, • TRUE POINT OF BE CENTERLINE ALONG`: THE ARC OF A CURVE TO THE 'LEFT T DIVTNGCA O DIUS.OF 180.00 FEET AND A CENTRAL ANGLE OF 33033'26", � CE CONTINUINGF05.2 FEET (CHORD .BEARS S 20°10'37" W 103.92 FEET);'THEN ALONG SAID CENTERLINE S 03°23'54" W 703.87 FEPOINT N. 47355E SOUTHERLY LINE OP THAT PROPERTY DESCRIBED IN E CSI TO A P N51 OF THE Gp1RFxELD COUNTY UARTER COND RNER RECORDER'S O�ERSAID F SECTION THE SHEARS WHENCE 40048'02" 04 THE W N 40 Q 48' 02" W OR LESS. 1815.95 Fes, SAID STRIP OF LAND CONTAINING 1.114• ACRES, MORE 1 111111 11111 1111111 11111 1111 11111 111111 111 1111 1111 4 OF 7 681426 09/01/2005 02:49P 61722 P649 M ALSDORF 4 of 9 R 46.00 D 0.00 GARFIELD COUNTY CO EXHIBIT B Ott Rust Parcel 1 SITUATED IR THE SW1/4 SW1/4, TWE A1/2 SEI/4 S�f1/8. � WI/2 SWI/1 A PARCEL/4, OF LAND SIT44 NW1/4 SW1/4 OF SECTION 28, ?CWNSIIP 7 SOUTH, RANGE S 87 WE ?OF THE 311771 F NEI/8 SWI/1, ANDNC .rNAL IDIAN, COUNTY OF GARFIELD. STATE OF COLORADO; SAID PARCEL �PICULARLY DESCRIBED AS FOLLOWS: PARCEL IBY.D SURVEYOR'S BRASS BEGINNING AT 271X SODTID T CORS OF SAID SECTION 28, A 997.11 CAP POUND IN PLACE; T1 W N• 89.40' 17'3. ALOE 788 SO LIOF SECTION 28. ppDP! OS BEGINR 8, • MEN � A REBAR & cAP IN pLACs. Ls s 225TSS 60. � . g. �.5e'19's. ALONG SAID 6666. sz PELT TV AN EXISTING ALM � ' �rcaLx� zsa. oa FEET 70 s� N. OS'LINE 96.34 S.88'51'41'S. PII4C.lSL1NE PSb'T. 1�N gSSTERLY LIMB 0P AN BaISTIHG 60 POOL ROAD EASZVIDIT AS DESCRIBED IN RECEPTION NO. OF E GARFIELD COUN17 RECORDS; =I 8.00'00'00'11.. 15.83 PEST T? 1�' EST -WEST CISs9NTER 4 OF SECTION 28; TEEN 5.89'45'38'E. 28.99 FEET TO we sorrossr ,INF or ?BE SW1/ CAP IN PLACE, LS SIZTEERT C0R&L 0P SEClI08 28, A MBAR AND ALS 22380; 7107 CONTINUING ALONG SAID CENTS & CAP ZR�PLACB. LS 22580, ; T� Ili' S.89'45'38'E. 1084.38 PELT 70 A MBAR & CAP IN PLACE, . 8 LS 8 22380.: THEN 8.01'51'54"S. 435.78 FEET 2b A Y LINE OF SAID 1YE114 Si11/8 OF SECTION S. 29'45`38'E. 250.00 PEEL TO A PAINT ON THE EA .01.51'54'3. ALONG TBE NORTiI SOt1I8 28. A & CAP IN PLACE, LS 8 22580; ?WEN SIS OP SESSION CF.,l�lERLINE OP SECTION' 28, 435.78 FEET IV TBE SOOTS CENTER x.28 PELT); TTN $.89'45'09'E. 28 (WHENCE A RF. MR AND �, LS t 2376 BEARS 71.37'10'03'E. AND IN PLACE, ALSO BEING A RESER CAP PEEL' TO 17E CENTERLINE =mum ALONGSA�WATERLINE � FOLLOWING NINE i9) & CAP IN PLACE. LS t 22580; COURSES: 1) 5.01'14'32"E. 280.88.FEET; 2) 5.02'01'43-Y. 115.18 FEET; 3) 5.00°39 '22' '. 148.53 PEbT; 4) S. 01'44 '39-E. 133.9 9 FEET; 5) S. 04'28'45"E. 106.53 PEE:OP A =EVE TO 188 LSF!'. HAVING A RADIUS 0P 1475.00 PEE/', 6) 100.07 FEET ALONG T� ARC A CFL ANGLE OF 08'53`14" (CHORD BEARS 5.06`25'22'E. I00.06 PELT); 7) S.08'21'59'5. 67.98. FEST:_ g1 95.23 FEET ALONG THE ARC OF A CDRVE TC THE RIGHT, BAYING A RIDIUS AP 126.84 Fat A CENTRAL ANGLE OF 43'01'06' (CHORD ergs s.ss•o8'3LS 4•s zzs5so.: 12T1 $. $..01 89'43`28"'W.9) S.38"12'0311. 18.82 PEST 1ti A REQ 8 CAP IN PLACE. =22560.: ?BEN N• 01'32'IS'B. 329.19 FEE/' TO 30.74 PEEP ,4 RE&'1R & CAP IN PLACE, � N. 89'58' 09'k'. 110.00 PI�Z' '70 A POINT ON TBE REBAR & CAP 1N PLACE. LS 822580; S t NORTH -SOOTS CENTERLINE OF SAID SECTION 28, A REQ & CAP IN PNCE. L 22580; TEEN 5.02'06'39"E. ALONG SAID CENTERL INF+ 49.20 FEST 1ti A POINT ON TES- EAST -WEST CENTRLINE OF TBE 5E114 SW1 /4 07 SECTION 28, A REBAR & CAP IN PLACE. LS s 22580; TEEN 3.89'57'056Y. TO POINT ON TEE NOICH-SOOTS CENTERLINE OF THE 5V114 ALONG SAID CENTERLINE 1353.02 FEET 580; TIEN 5.03'23'54'W. ALONG SAlD CE SEGLINE 28. A PET & GAP WNS„T,PSIC3 TEEN 8=WE SON ID SECTIONS 28 AND 33. A CENTERLINE $86.9I , 111 T(1 TSS LS 1 22580; THEN 5.89'40'17°W. ALONG TRE SOUTHERLY LI. E REBA.R f ALUMINUM C.lP PLACE TRUE FaiN7" aP ggGiNNiHG • SAID PARCEL CONTAINING 37.847 OF SECTION 28, 374.64 PEST TO 786' ACRES, MORE OR LESS. 186916 B-962 P-284 12/26/95 04:42P PG 5 OF 7 0 momQ 8 Levitt Trust Property - z Parcell r coo �� acs MOO WA parcel of land being all that portion of the NW1/4.SE'/4 of Section 28, Township 7 030_ South, Range 87 West of the Sixth Principal Meridian lying Westerly of the centerline of Harmony Lane as constructed and in place, County of Garfield, State of Colorado, said a tg parcel being more particularly described as follows: • 6)G Commencing at the West Quarter corner of said Section 28; thence S. 89°09'47" "" N m E. 2594.58 feet to the center Quarter Corner of said Section 28, the true point of Lo beginning; thence S. 89°09'12" E. Along the East-West centerline of said Section 28 66.26 • @ feet to a point on the centerline of Harmony Lane; thence leaving. said East-West °' centerline the following seven (7) courses along said centerline: = CO 1. S. 00°00'07" E. 21.26 feet 2. S. 02°09'06" W. 160.05 feet 3. S. 00°35'03" E. 220.84 feet 4. S. 02°11'59" W. 187.62 feet 5. S. 00°34'25" W. 558.48 feet 6. S. 02°28'40" E. 91.04 feet 7. S. 06°19'45" E. 119.31 feet to a point on the southerly line of said NW'/4SE1/4; thence Ieaving said centerline N. 89°44'18" W. Along said southerly line 111.02 feet to the South -center Sixteenth corner of said Section 28; thence N. 01°51'54" E. Along the Westerly line of said NWY4SE1/4 1358.69 feet to the true point of beginning; said parcel containing 2.464 acres, more or less. EXCEPT that portion of the above described property described as follows: A parcel of land being all that portion of the NWV SE'/. of Section 28, Township 7 South, Range 87 West of the Sixth Principal Meridian lying Westerly of the centerline of Harmony Lane, as constructed and in place, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Commencing at the West Quarter Corner of said Section 28; thence S. 89°09'47" E. 2594.58 feet to the center Quarter Corner of said Section 28, the true point of beginning; thence S. 89°09'12" E. along the East-West centerline of said Section 28 66.26 feet to a point on the centerline of Harmony Lane; thence leaving said East- West centerline the following five (5) courses along said centerline: 1. S. 00°00°OT E. 21.26 feet; 2. S. 02°09'06" W. 160.05 feet; 3. S. 00°35'03" E. 220.84 feet; 4. S. 02°11'59" W. 187.62 feet; 5. S. 00°34'25" W. 332.29 feet; thence leaving said centerline N. 89°45'57" W. 82.01 feet to a point on the westerly line of said NW'/4SE1/4; thence N. 01051'54" E. along the westerly line of said NW'/.SE'/4 922.91 feet to the true point of beginning; said parcel containing 1.557 acres, more or less. 111111111111 I1111111111111111111111I111111111111111111 681426 09/01/2005 02:49P 81722 P651 M A LSDORF 6 of 9 R 46.00 D 0.00 GARFIELD COUNTY CO OF 7 Parcel 3 Levitt Trust Property A parcel of land situated in the NE1/4SW'/4 of.Sec Section 28, Township Garfihip7 South, , State of Range 87 West of the Sixth Principal Meridian, as follows: Colorado, said parcel being more articularly Commencing at the West Center Sixteenth corner of saidSection reba andd cap, PLS #14111; then S. 03'23'54" W. 1252.96 feet along the North- South centerline of . the SW'/s of Section, to the true 120.74feet to the oint of beginning; then 5.89°45'38" E. 1081.15 feet; then S. 01°51'54" East- West centerline of the SW1/4 of Section 28, a n� West centerline and eP 2 the then N. 89°45'38" W. 1084.38 feet along said Southwest Sixteenth corner of Section 28, a rebrtar and cap P � thee of #22580; then N. 03°23'54" E. 120.87 feet along the North-South acres, of Section 28, to the true point of beginning,said parcel containing3.00more or less.. 4' 1 1E11 11111 01E11 11111 1111 11111 111111 111 111111111101 . 7 681426 09/01/2005 02 49P 81722 P652 M RLSDORF 7 of 9 R 46.00 D 0.00 GARFIELD COUNTY CO Levitt Trust Property Parcel 4 A parcel of land situated in the NW'/4SW1/4 of Section 28, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado; said parcel being more particularly described as follows: Commencing at the West quarter corner of said Section 28; thence S. 41°09'53" E. 1846.96 feet to the Southeasterly corner of that property described in Reception No. 473551 of the Garfield County Clerk and Recorder's Office, the True Point of Beginning; thence N. 89°45'38" W. along the southerly line of said Reception No. 473551 28.99 feet; thence continuing along said Southerly line N. 00°00'00" E. 15.65 feet thence leaving said Southerly line S. 89°00'00" E. 29.90 feet to a point on the Easterly line of said Reception No. 473551; thence S. 03 °23'54" W. along said Easterly line 15.28 feet to the true point of beginning; said parcel containing 0.010 acres, more or less. 11111 11111 1111111 111111111 11111 111111111 1111111111111 681426 09/01/2005 02:49P 81722 P653 M ALSDORF 8 of 9 R 46.00 D 0.00 GARFIELD COUNTY CO EXHIBIT B Thomas W. Levitt Property A parcel of land situated in the SW1/4SW1/4, the NW1/4SW1/4 of Section 28, and in the SEI/4SE'/4 of Section 29, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State of Colorado, said parcel being more particularly described as follows: Beginning at the Southeast corner of said Section 29, a Garfield County Surveyor's brass cap found in place; then S. 89°55'37" W. along the Southerly line of said Section.29, 714.33 feet; then N. 51'26'57" E. 980.26 feet to a point on the Easterly line of said Section 29; then N. 04°54'00" E. 777.70 feet to the South sixteenth corner common to Sections 28 and 29; then N. 04°54'00" E. along said Easterly line 17.48 feet to an existing fenceline; then the following four (4) courses along said existing fenceline: 1) S. 89°43'21" E. 489.10 feet; 2) . N. 88°56'31" E. 162.00 feet; 3) S. 89°13'29" E. 230.00 feet; 4) N. 89°55'31" E. 78.62 feet; then S. 03°23'54" W. 1396.62 feet to a point on the Southerly line of Section 28; then S. 89°40'17" W., along said line 997.11 feet to the point of beginning; said parcel containing 36.400 acres, more or less. 1111111111111111111NMI 11111 111111111 11111 681426 09/01/2005 02 49P 81722 P654 M RLSDORF 9 of 9 R 46.00 D 0.00 GARFIELD COUNTY CO EXHIBIT B Mollv.G. Levitt Property A parcel of land consisting of the SE1/4SE1/4 of Section 29, Township 7 South, Range 87 West of the Sixth Principal Meridian, County of Garfield and State of Colorado, EXCEPTING THEREFROM a parcel of land described as follows: Beginning at the Southeast Corner of said Section 29, a Garfield County Surveyor Brass Cap found in place; thence S. 89°55'37" W. along the Southerly line of Section. 29, 714.33 feet; thence N. 51'26'57" E. 980.26 feet to a point on the Easterly line of said Section 29; thence S. 04°54'00" W. 612.23 feet to the point of beginning.